Illinois 2023-2024 Regular Session

Illinois House Bill HB4644 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4644 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 10 ILCS 5/29-21 new Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately. LRB103 36201 SPS 66293 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4644 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 10 ILCS 5/29-21 new 10 ILCS 5/29-21 new Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately. LRB103 36201 SPS 66293 b LRB103 36201 SPS 66293 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4644 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/29-21 new 10 ILCS 5/29-21 new
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5	5	Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately.
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11	11	1 AN ACT concerning elections.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Election Code is amended by adding Section
15	15	5 29-21 as follows:
16	16	6 (10 ILCS 5/29-21 new)
17	17	7 Sec. 29-21. Disclosure of digitally altered content.
18	18	8 (a) As used in this Section:
19	19	9 "Deepfake" means any video recording, motion-picture film,
20	20	10 sound recording, electronic image, or photograph, or any
21	21	11 technological representation of speech or conduct
22	22	12 substantially derivative of any one or more of those forms of
23	23	13 media:
24	24	14 (1) that is so realistic that a reasonable person
25	25	15 would believe it depicts speech or conduct of an
26	26	16 individual who did not in fact engage in such speech or
27	27	17 conduct; and
28	28	18 (2) the production of which was substantially
29	29	19 dependent upon technical means rather than the ability of
30	30	20 another individual to physically or verbally impersonate
31	31	21 the depicted individual.
32	32	22 "Depicted individual" means an individual in a deepfake
33	33	23 who appears to be engaging in speech or conduct in which the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4644 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED:
38	38	10 ILCS 5/29-21 new 10 ILCS 5/29-21 new
39	39	10 ILCS 5/29-21 new
40	40	Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately.
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68	68	1 individual did not engage.
69	69	2 (b) Except as provided in subsection (b), a person shall
70	70	3 not distribute, or enter into an agreement with another person
71	71	4 to distribute, materially deceptive media if:
72	72	5 (1) the person knows the media falsely represents a
73	73	6 depicted individual;
74	74	7 (2) the distribution occurs within 90 days before an
75	75	8 election;
76	76	9 (3) the person intends the distribution to harm the
77	77	10 reputation or electoral prospects of a candidate in an
78	78	11 election and the distribution is reasonably likely to
79	79	12 cause that result; and
80	80	13 (4) the person intends the distribution to change the
81	81	14 voting behavior of electors in an election by deceiving
82	82	15 the electors into incorrectly believing that the depicted
83	83	16 individual in fact engaged in the speech or conduct
84	84	17 depicted, and the distribution is reasonably likely to
85	85	18 cause that result.
86	86	19 (c) The prohibition described in subsection (b) does not
87	87	20 apply if :
88	88	21 (1) The media includes a disclaimer informing the
89	89	22 viewer that the media has been manipulated by technical
90	90	23 means and depicts speech or conduct that did not occur.
91	91	24 The following disclaimer is sufficient, but not necessary,
92	92	25 to satisfy the requirement of this subsection:
93	93	26 "This (insert image, audio, or video) has been
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104	104	1 manipulated by technical means and depicts speech or
105	105	2 conduct that did not occur."
106	106	3 (2) If the media is a video, the disclaimer satisfies
107	107	4 all of the following requirements:
108	108	5 (A) it appears throughout the entirety of the
109	109	6 video;
110	110	7 (B) it is clearly visible to and readable by an
111	111	8 observer;
112	112	9 (C) it is in letters at least as large as the
113	113	10 majority of any text communication, or if there is no
114	114	11 other text communication, in a size that is easily
115	115	12 readable by the average viewer; and
116	116	13 (D) it is in the same language as the language used
117	117	14 in the video media.
118	118	15 (3) If the media consists only of audio and contains
119	119	16 no image or video, the disclaimer is read at the beginning
120	120	17 and end of the media in a clearly spoken manner, in a pitch
121	121	18 that can be easily heard by the average listener, and in
122	122	19 the same language as the audio media.
123	123	20 (4) If the media is an image, the disclaimer meets all
124	124	21 of the following requirements:
125	125	22 (A) it is clearly visible to and readable by the
126	126	23 average viewer;
127	127	24 (B) it is in letters at least as large as the
128	128	25 majority of the other text, if the media contains
129	129	26 other text; and
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140	140	1 (C) it is in the same language as the language used
141	141	2 in the image media.
142	142	3 (5) It includes a citation directing the viewer or
143	143	4 listener to the original source from which the unedited
144	144	5 version of the existing image, audio, or video was
145	145	6 obtained, if the media was generated by editing an
146	146	7 existing image, audio, or video.
147	147	8 (d) A candidate whose appearance, action, or speech is
148	148	9 depicted through the use of a deceptive and fraudulent
149	149	10 deepfake in violation of subsection (b) may seek injunctive or
150	150	11 other equitable relief prohibiting the publication of such
151	151	12 deceptive and fraudulent deepfake.
152	152	13 (d) Except as otherwise provided in this subsection, a
153	153	14 person who violates subsection (b) commits a Class C
154	154	15 misdemeanor.
155	155	16 A person who violates subsection (b) with the intent to
156	156	17 cause violence or bodily harm commits a Class A misdemeanor.
157	157	18 A person who violates subsection (b) a second or
158	158	19 subsequent time within 5 years after a prior conviction for
159	159	20 violating subsection (b) commits a Class 3 felony.
160	160	21 (e) This Section does not apply to:
161	161	22 (1) a radio or television broadcasting station,
162	162	23 including a cable or satellite television operator,
163	163	24 programmer, or producer, that broadcasts a deceptive and
164	164	25 fraudulent deepfake prohibited by this Section as part of
165	165	26 a bona fide newscast, news interview, news documentary, or
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176	176	1 on-the-spot coverage of bona fide news events, if the
177	177	2 broadcast clearly acknowledges through content or a
178	178	3 disclosure, in a manner that can be easily heard or read by
179	179	4 the average listener or viewer, that there are questions
180	180	5 about the authenticity of the materially deceptive audio
181	181	6 or visual media;
182	182	7 (2) a radio or television broadcasting station,
183	183	8 including a cable or satellite television operator,
184	184	9 programmer, or producer, when it is paid to broadcast a
185	185	10 deceptive and fraudulent deepfake and has made a good
186	186	11 faith effort to establish the depiction is not a deceptive
187	187	12 and fraudulent deepfake;
188	188	13 (3) an internet website, or a regularly published
189	189	14 newspaper, magazine, or other periodical of general
190	190	15 circulation, including an internet or electronic
191	191	16 publication, that routinely carries news and commentary of
192	192	17 general interest, and that publishes materially deceptive
193	193	18 audio or visual media prohibited by this Section, if the
194	194	19 publication clearly states that the materially deceptive
195	195	20 audio or visual media does not accurately represent the
196	196	21 speech or conduct of the candidate; or
197	197	22 (4) materially deceptive audio or visual media that
198	198	23 constitutes satire or parody.
199	199	24 (f) The provisions of this Section are severable under
200	200	25 Section 1.31 of the Statute on Statutes.
201	201	26 Section 99. Effective date. This Act takes effect upon
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